Home > Research Legal Advice > Lawsuits / Disputes > Can you get charged to pay stolen money twice? Civil and criminally?
Asked almost 4 years ago - Sacramento, CA
FlagI was charged and convicted of embezzlement. Served jail time, currently on probation and ordered to pay restitution for the amount stolen. The victim sued the banks that cashed the checks. The banks are suing me as cross-complaintent(?). Can the victim be awarded the stolen money twice? And can I be ordered to pay the money back twice now? Through the restitution and the civil case?
Sort of yes....there can also be civil punitive damages which would be above the restitution. I sounds weird that if you have paid the restitution that the banks would be getting sued - this is common if you were ordered and haven't paid.
There can be both a civil and a criminal case.
Good luck with your situation and remember this is general information only since we haven't seen the law suit nor do we have all the facts.
Go talk with an attorney immediately.
Matthew Williamson
The victim can have simultaneous awards in both criminal and civil court, but can only collect once. If you have already paid restitution through the criminal case, any civil judgment would be reduced by that amount.
Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
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